UAE Trends and Developments Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
Introduction Child relocation has become an increasingly signifi - cant issue for families in the United Arab Emirates. Following separation or divorce, a parent may face changes in employment, a return to their home coun - try, changes in the child’s educational opportunities, healthcare needs, or financial pressures. However, where the move would affect the child’s relationship with the other parent, it can quickly become a sensi - tive custody and travel dispute. The UAE’s modern personal status framework has brought greater clarity to issues involving child cus - tody, travel, passports, contact arrangements and enforcement. The implementation of Federal Decree- Law No 41 of 2024 on Personal Status has strength - ened the child-focused approach to custody matters, while Federal Decree-Law No 41 of 2022 on Civil Per - sonal Status and Abu Dhabi Law No 14 of 2021 con - tinue to provide separate civil family law routes. The key development is that relocation is no long - er viewed simply as a question of which parent has physical care of the child: it is increasingly assessed as a decision that affects the child’s welfare, stabil - ity, education, identity, contact with both parents and long-term family relationships. The Child’s Best Interests as the Central Consideration The child’s best interests remain the overriding con - sideration in disputes concerning custody, residence, travel and relocation. UAE courts have broad discre - tion to consider the circumstances of each family and are not required to follow a rigid outcome merely because one parent is technically the custodian or guardian. A proposed relocation may be assessed by reference • the child’s emotional attachment to each parent; • the stability of the child’s home, school and social environment; • the practical reason for the proposed move; • the relocating parent’s ability to meet the child’s daily needs; to several connected factors, including: • the child’s age, maturity and wishes;
• the impact of the move on the child’s relationship with the left-behind parent; • the feasibility of continued in-person contact; • the financial ability of both parents to maintain contact arrangements; • the availability of suitable education, healthcare and family support in the proposed destination; and • whether the relocation is genuinely child-focused or is likely to obstruct the other parent’s relation - ship with the child. A court will not automatically favour either the relo - cating parent or the parent opposing the move. The practical issue is whether the proposed arrangement best protects the child’s welfare while preserving the child’s meaningful relationship with both parents, as far as possible. A More Structured Distinction Between Custody, Guardianship and Travel One of the most important practical developments under the Personal Status Law is the clearer treat - ment of custody, guardianship and travel as related but distinct matters. Custody concerns the child’s day-to-day care, upbringing and residence. Guardianship traditionally involves responsibility for the child’s personal and legal affairs, including certain major decisions. In prac - tice, relocation disputes often arise because a parent may have custody of the child but cannot unilaterally make a decision that requires the other parent’s con - sent or a court order. Under Federal Decree-Law No 41 of 2024, custody is a right of the child and is shared by both parents while the marriage exists. Following separation, custody is generally granted to the mother, followed by the father and other persons entitled under the statutory order. However, the court may depart from that order where doing so better serves the child’s interests. The law also provides that custody may be affected if a custodian relocates to a place of residence that does not serve the child’s interests. This may be rel - evant where a parent intends to move the child to another emirate or outside the UAE in a manner that
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